To get around the judicial process of authenticating a will, the Florida legislature enacted Area 732.503 of the Florida Statutes within the Florida Probate Code. To produce a self-proving will, a testator must comply with the legal requirements to develop a legitimate will. In addition to signing a will in front of 2 objective witnesses who also provide their signatures, a testator will self-prove his will in front of a notary utilizing a statutory acknowledgement kind.
The statutory recognition includes specific language prior to the notary’s attestation provision. The testator, his witnesses and the notary need to state the instrument as a self-proving will using statutory language. All parties should sign in front of one another, print their names on the self-proving affidavit. The testator’s impartial witnesses need to swear that they experienced the testator sign his will, and the testator needs to swear that his witnesses signed his will in front of him. The testator, the notary and the testator’s witnesses offer these affirmations under oath.
By creating self-proving wills, testators can help speed up the probate process typically needed to confirm their wills. If a custodian or other party sends the self-authenticated will into probate, the court of probate will not need to find witnesses to authenticate it as long as it adheres to the Florida Probate Code’s self-authentication statute. Our office can assist you create a self-proving will to assist you prevent any unneeded delays and expenses.